If you filed a discrimination complaint with the Illinois Department of Human Rights (IDHR) and received a finding of substantial evidence, you are now moving into the next critical phase: a hearing before the Illinois Human Rights Commission (IHRC). This is where your case is formally litigated, and a final determination is made.
At this stage, the stakes are high. You are now in a trial-like process where legal strategy, strong evidence presentation, and procedural knowledge are essential. If you’re in this situation, Justice Legal Counsel can help you navigate the process, protect your rights, and maximize your chances of success.
What Does a Finding of Substantial Evidence Mean?
A finding of substantial evidence from IDHR means that IDHR believes there is enough proof that discrimination may have occurred to warrant a full hearing. However, this does not mean you have won your case – rather, it means your claim has cleared the first hurdle and will now be heard by the Illinois Human Rights Commission (IHRC).
What Happens Next? The IHRC Hearing Process
Once IDHR finds substantial evidence, your case automatically transfers to IHRC, where it becomes a public adjudicatory process similar to a court case. The process includes:
- Election Between the IHRC Process and Filing in Circuit Court
- You have a limited amount of time to decide whether to:
- Proceed with the Illinois Human Rights Commission (IHRC) for an administrative hearing, OR
- File a lawsuit in state court instead.
- If you do nothing, your case will stay with the IHRC.
- You have a limited amount of time to decide whether to:
- Assignment to an Administrative Law Judge (ALJ)
- The IHRC assigns an Administrative Law Judge (ALJ) to oversee your case.
- The ALJ manages pre-hearing motions, discovery (the exchange of evidence), and the final hearing.
- Discovery & Pre-Hearing Motions
- Both sides (you and the respondent, e.g., employer, landlord, or other accused party) exchange evidence, documents, and witness lists.
- Depositions may be conducted (sworn testimony taken before the hearing), but are unlikely.
- The respondent may try to dismiss your case by filing motions, such as a motion for summary decision if they believe the evidence is weak.
- The Administrative Hearing
- This is similar to a trial, but it is held before an Administrative Law Judge (ALJ) instead of a jury.
- Both sides present witness testimony, documents, and arguments.
- You (or your attorney) must prove by a preponderance of the evidence that discrimination occurred.
- The respondent will likely have legal representation – you should too.
- The ALJ Issues a Recommended Decision
- After the hearing, the ALJ will issue a Recommended Order and Decision, which includes findings of fact and legal conclusions.
- If you win, the decision may include compensation for damages, back pay, emotional distress damages, or other remedies.
- The Full IHRC Reviews the Decision
- Either party can file exceptions (challenges) to the ALJ’s decision.
- The full Commission reviews the case and issues a Final Order.
- Appealing to the Illinois Appellate Court
- If the IHRC rules against you, you may appeal to the Illinois Appellate Court within 35 days.
Why You Need Legal Representation at This Stage
The IHRC hearing is a formal legal proceeding and the opposing party will almost certainly have experienced attorneys working to discredit your claim. At this stage, you are no longer just filing a complaint – you are litigating your case, which requires:
- Strategic case-building to prove discrimination
- Skilled cross-examination of witnesses
- Effective legal motions to strengthen your position
- Proper handling of discovery and evidence rules
- The ability to respond to dismissal attempts
Without an attorney, you risk losing your case due to procedural missteps or weak presentation – no matter how strong your claim is.
Let Justice Legal Counsel Fight for You
At Justice Legal Counsel, we represent individuals going through the IHRC process and ensure they have a strong legal strategy to maximize their chances of winning. If you’ve received a finding of substantial evidence from IDHR, don’t go into the IHRC hearing alone.
Contact us today for a consultation. Let’s discuss your case and the best path forward to getting the justice you deserve.